HomeMy WebLinkAboutOrdinance-1984-0596INTRODUCED BY COUNCIL MEMBER WEST
EMERGENCY ORDINANCE NO. S96
Series of 1984
TITLE: AN EMERGENCY ORDINANCE AMENDING SECTION 27,
REGULATIONS APPLICABLE TO ALL DISTRICTS OF
APPENDIX A OF THE CODE, OF LAWS OF THE CITY OF
WHEAT RIDGE BY ESTABLISHING CRITERIA FOR
ISSUANCE OF REZONING APPROVALS AND BUILDING
PERMITS IN INSTANCES WHERE HOLDING TANKS ARE
REQUIRED TO BE INSTALLED AND MAINTAINED WITHIN
THE CITY OF WHEAT RIDGE BASED UPON THE EMERGENCY
FOUND TO EXIST BY THE CITY COUNCIL AS SPECIFIED
HEREIN.
WHEREAS, an emergency exists within the City of Wheat
Ridge by virtue of the fact that holding tanks are being
required to be installed in connection with certain developments
to prevent potential overloading of the collection and treatment
facilities of certain sanitation districts providing service
within the City of Wheat Ridge.
WHEREAS, the City Council of the City of Wheat Ridge
finds that, unless there is immediately imposed a uniform
set of design, installation and maintenance criteria for
said holding tanks, certain holding tanks will be installed
which will not meet the criteria established herein and
will, therefore, pose an immediate health hazard to the
citizens of the City of Wheat Ridge,
WHEREAS, an emergency as defined in Section 5.13 of the
Home Rule Charter of the City of Wheat Ridge exists in that
establishment and enforcement of the criteria set forth
herein is necessary for the immediate preservation of the
public health as well as public and private property,
THEREFORE, be it ordained by the City Council of the
City of Wheat Ridge:
Section 1. The provisions of Section 27 of Appendix A
of the Code of Laws of the City of Wheat Ridge are hereby
amended by adding thereto the following subsection 27(I),
Standards and Criteria for Design, Installation and Maintenance
of Holding Tanks for Sanitation Purposes:
I. Standards and Criteria for Design, Installation
and Maintenance of Holding Tanks for Sanitation Purposes.
A. In those instances and cases where
installation and maintenance of holding tanks for storage
of sewage is required by any sanitation district providing
service to property within the City of Wheat Ridge,
which property is sought to be rezoned, no rezoning
application shall be approved by the Planning Commission
or City Council unless and until the following design,
installation and maintenance standards and criteria
shall be met.
(1) Holding tanks shall be designed for a
minimum of one day's capacity, controlled discharge
timed for low flow period between midnight and 6:00
A.M. (between midnight and 6:00 A.M., at a discharge
rate not to exceed 0.5 c.f.s.)
(2) A holding tank of 24 hour capacity may
be concrete, steel or fiberglass; although if the tank
has a round bottom, pumps must be set so that the entire
tank will be emptied to prevent an accumulation of
solids in the bottom.
(3) Dual pumps shall be installed with each
pump having the capacity to empty the tank during the
designated discharge period of midnight to 6:00 A.M.
(4) An automatic pump control system activated
by a time clock or an electrical system automatically
energized between midnight and 6:00 A.M. shall be provided
and installed.
(5) A submergeable aerator mixer shall be
operational in the tank to prevent sewage from settling
and becoming septic.
(6) All tanks shall be vented through a
building stack.
(7) A high fluid warning light and alarm
horn shall be operational.
(8) Any system designed and installed within
the City is the responsibility of the Owner to operate
and maintain. Prior to obtaining a Certiciate of occupancy,
the owner shall furnish the City a specific and satisfactory
maintenance program commitment and/or agreement.
B. The standards and criteria set forth in
subsections A-1 through A-8 above constitute minimum
standards and criteria for safe and acceptable holding
tank design, installation and maintenance. Authority
is specifically reserved to the City Council to require
design, installation, and/or maintenance subject to
more stringent criteria and standards than those set
forth herein upon a specific finding by the City Council
that imposition of such stringent requirements is specifically
necessary to protect the health, safety and welfare of
the public, provided that no rezoning application shall
be denied for the failure of any rezoning applicant to
meet such additional standards and requirements unless
said applicant has been advised of the content of and
necessity to meet such additional requirements in writing
by either the Planning Commission or the City Council
no less than 30 days prior to the date upon which said
rezoning application is finally heard and decided.
C. The City of Wheat Ridge specifically reserves
the right and authority to inspect and approve the
design and installation of any holding tank prior to
issuance of a Certificate of Occupancy upon any building
or structure. The failure of any holding tank to meet
the requirements imposed upon it pursuant to this subsection
27(I) shall constitute grounds for the denial of any
Certificate of Occupany or the issuance of an Order to
vacate the premises as a "dangerous structure" pursuant
to the provisions of the Uniform Code for the Abatement
of Dangerous Buildings, 1982 Edition, adopted by the
City in ordinance 509, Series of 1982.
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D. Violation of any provision of this ordinance
shall constitute a misdemeanor, and upon conviction any
violation shall be subject to a penalty not to exceed
$999.00. In addition, authority is specifically reserved
to the City to enforce the within provision by injunctive
relief. Any costs or expenses incurred by the City in
enforcement of the provisions of this Section 27(I),
including reasonable attorney's fees, shall be awarded
to the City upon its successful prosecution of any
action seeking injunctive relief based upon violation
of any of the provisions of this section 27(I).
Section 2. The City Council specifically finds that
an emergency exists as defined in Section 5.13 of the Home
Rule Charter of the City of Wheat Ridge and failure to act
as specified herein would result in damage to public and
private properties within the City.
Section 3. This Ordinance shall expire and cease to
be effective at 12 midnight on March 8, 1985 or upon the
taking effect of a regular ordinance containing substantially
the provisions hereof, whichever occurs sooner.
Section 4. Severability. If any clause, sentence,
paragraph, or part of this Ordinance or the application
thereof to any person or circumstances shall for any reason
be adjudged by a court of competent jurisdiction invalid,
such judgment shall not affect, impair, or invalidate the
remainder of this Ordinance or its application to other
persons or circumstances.
Section 5. Safety Clause. The City Council of the
City of Wheat Ridge hereby finds, determines, and declares
that this is an Emergency Ordinance, promulgated pursuant to
Section 5.13 of the Home Rule Charter of the City of Wheat
Ridge and is necessary for the immediate preservation of the
public property, health, peace, safety, and welfare. The
City Council further determines that this ordinance bears a
rational relation to the proper legislative object sought tc
be attained.
This ordinance was adopted by a vote of 6 to 2
on December 10 1984, and, pursuant to Section 5.13 of
the Home Rule Charter of the City of Wheat Ridge, became
effective at said date and time.
SIGNED by the Mayor on this 10th day of December
1984.
Frank Stites, Mayor
ATTEST:
L iL'~
Wanda Sang, City C,Ierk
Publication : December
Wheat Ridge Sentinel
Effective Date: December
Moratorium Ends: March 8,
APPROVED AS TO FORM BY
OFFICE OF CITY ATTORNEY:
s
r-
Jonn E. Hayes
13, 1984
10, 1984
1985 midnight
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